Research On The Legal Solution For The Fuzzy Phenomenon Of Legislative Language

Natural language is the carrier of law and it is fuzzy.So there are many fuzzy phenomenons in legislative language.They could be divided into three types which can be named semantic fuzziness,limit fuzziness and ambiguous words.This is because that language and low both have fuzziness and there is a gap between the reality and human cognition.On the one hand,these fuzzy phenomenons can make the legislative activity more scientific and they also provide a chance for judges to use legal interpretation and discretion.So they have the positive significance.They should not and could not be eliminated.On the other hand,legislative language is the basis of judicial trial and how people to behave and it should be rigorous.But these fuzzy phenomenons make judgement uncertain,discretion abused and people can not know their right and obligation clearly.So we have to come up with some solutions to resolve this problem.About to solve this problem,English-speaking countries often use complicated sentence structure and homoionym in law and China often use stylized discourse structure in law and legal interpretations in judicial judgment.But the dis-standardization of law and the different ways to use legal interpretations make this problem more serious.There are two kinds of solutions could be helpful to this problem.The first one is that during the legislative period,the legislator should normalize their expression in a professional way including sentence pattern and discourse organization to reduce those unnecessary fuzzy phenomenons.The second one is that during the judicial period,judges should use legal interpretation and contextual analysis legitimately.